Probable cause hearings; require before arrest.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Owen

HOUSE BILL NO. 1158

AN ACT TO AMEND SECTION 99-3-3, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE A PROBABLE CAUSE HEARING BEFORE A PERSON CAN BE ARRESTED; 2
TO AMEND SECTION 99-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO 3
THE PRECEDING SECTION; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 99-3-3, Mississippi Code of 1972, is 6
amended as follows: 7
99-3-3. Arrests for criminal offenses, and to prevent a 8
breach of the peace, or the commission of a crime, may be 9
made * * * only after a probable cause hearing has been held to 10
determine whether an arrest and confinement are necessary. Proper 11
notice of the probable cause hearing shall be given to the alleged 12
offender as provided by law. 13
SECTION 2. Section 99-3-7, Mississippi Code of 1972, is 14
amended as follows: 15
99-3-7. (1) * * * Except as otherwise provided in Section 16
99-3-3, any officer or private person may arrest any person 17
without warrant, for an indictable offense committed, or a breach 18
of the peace threatened or attempted in his presence; or when a 19
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person has committed a felony, though not in his presence; or when 20
a felony has been committed, and he has reasonable ground to 21
suspect and believe the person proposed to be arrested to have 22
committed it; or on a charge, made upon reasonable cause, of the 23
commission of a felony by the party proposed to be arrested. And 24
in all cases of arrests without warrant, the person making such 25
arrest must inform the accused of the object and cause of the 26
arrest, except when he is in the actual commission of the offense, 27
or is arrested on pursuit. 28
(2) Except as otherwise provided in Section 99-3-3, any law 29
enforcement officer may arrest any person on a misdemeanor charge 30
without having a warrant in his possession when a warrant is in 31
fact outstanding for that person's arrest and the officer has 32
knowledge through official channels that the warrant is 33
outstanding for that person's arrest. In all such cases, the 34
officer making the arrest must inform such person at the time of 35
the arrest the object and cause therefor. If the person arrested 36
so requests, the warrant shall be shown to him as soon as 37
practicable. 38
(3) (a) * * * Except as otherwise provided in Section 39
99-3-3, any law enforcement officer shall arrest a person with or 40
without a warrant * * * 41
* * * 42
(4) (a) * * * Except as otherwise provided in Section 43
99-3-3, any person authorized by a court of law to supervise or 44
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monitor a convicted offender who is under an intensive supervision 45
program may arrest the offender when the offender is in violation 46
of the terms or conditions of the intensive supervision program, 47
without having a warrant, provided that the person making the 48
arrest has been trained at the Law Enforcement Officers Training 49
Academy established under Section 45-5-1 et seq., or at a course 50
approved by the Board on Law Enforcement Officer Standards and 51
Training. 52
(b) For the purposes of this subsection, the term 53
"intensive supervision program" means an intensive supervision 54
program of the Department of Corrections as described in Section 55
47-5-1001 et seq., or any similar program authorized by a court 56
for offenders who are not under jurisdiction of the Department of 57
Corrections. 58
(5) As used in subsection (3) of this section, the phrase 59
"misdemeanor or felony that is an act of domestic violence" shall 60
mean one or more of the following acts between current or former 61
spouses or a child of current or former spouses, persons living as 62
spouses or who formerly lived as spouses or a child of persons 63
living as spouses or who formerly lived as spouses, a parent, 64
grandparent, child, grandchild or someone similarly situated to 65
the defendant, persons who have a current or former dating 66
relationship, or persons who have a biological or legally adopted 67
child together: 68
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(a) Simple or aggravated domestic violence within the 69
meaning of Section 97-3-7; 70
(b) Disturbing the family or public peace within the 71
meaning of Section 97-35-9, 97-35-11, 97-35-13 or 97-35-15; or 72
(c) Stalking within the meaning of Section 97-3-107. 73
(6) Any arrest made pursuant to subsection (3) of this 74
section shall be designated as domestic assault or domestic 75
violence on both the arrest docket and the incident report. Any 76
officer investigating a complaint of a misdemeanor or felony that 77
is a crime of domestic violence who finds probable cause that such 78
an offense has occurred within the past twenty-four (24) hours 79
shall file an affidavit on behalf of the victim(s) of the crime, 80
regardless of whether an arrest is made within that time period. 81
If the crime is reported or investigated outside of that 82
twenty-four-hour period, the officer may file the affidavit on 83
behalf of the victim. In the event the officer does not file an 84
affidavit on behalf of the victim, the officer shall instruct the 85
victim of the procedure for filing on his or her own behalf. 86
(7) A law enforcement officer shall not be held liable in 87
any civil action for an arrest based on probable cause and in good 88
faith pursuant to subsection (3) of this section, or failure, in 89
good faith, to make an arrest pursuant to subsection (3) of this 90
section. 91
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ST: Probable cause hearings; require before
arrest.
(8) The authority for the State Chief Deputy Fire Marshal 92
and deputy state fire marshals to make arrests shall be governed 93
by the provisions of Section 45-11-1. 94
SECTION 3. This act shall take effect and be in force from 95
and after July 1, 2026. 96